DENIAL OF BAIL FOR CERTAIN OFFENSES

HB0163

HOUSE BILL 163

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Nicole Chavez
and
Andrea Reeb

AN ACT

RELATING TO BAIL; DESIGNATING CERTAIN FELONY OFFENSES AS
DANGEROUS OR VIOLENT FELONY OFFENSES FOR THE PURPOSES OF A
HEARING TO DENY BAIL; PROVIDING THAT THE PROVISIONS OF THIS ACT
SHALL BECOME EFFECTIVE UPON THE PASSAGE OF AN AMENDMENT TO
ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF NEW MEXICO.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

SECTION 1.
A new section of Chapter 31, Article 3 NMSA
1978 is enacted to read:

"[
NEW MATERIAL
] DENIAL OF BAIL--DESIGNATION OF DANGEROUS
OR VIOLENT FELONY OFFENSES.--For the purposes of a hearing to
deny bail initiated by a prosecuting authority pursuant to
Article 2, Section 13 of the constitution of New Mexico, the
following felony offenses are designated as dangerous or
violent felony offenses:

A. first degree murder, as provided in Section
30-2-1 NMSA 1978;

B. second degree murder, as provided in Section
30-2-1 NMSA 1978;

C. voluntary manslaughter, as provided in Section
30-2-3 NMSA 1978;

D. third degree aggravated battery against a
household member, as provided in Section 30-3-16 NMSA 1978;

E. first degree kidnapping, as provided in Section
30-4-1 NMSA 1978;

F. first and second degree criminal sexual
penetration and aggravated criminal sexual penetration, as
provided in Section 30-9-11 NMSA 1978;

G. second and third degree criminal sexual contact
of a minor, as provided in Section 30-9-13 NMSA 1978;

H. first and second degree robbery, as provided in
Section 30-16-2 NMSA 1978;

I. second degree aggravated arson, as provided in
Section 30-17-6 NMSA 1978;

J. shooting at a dwelling or occupied building, as
provided in Section 30-3-8 NMSA 1978;

K. shooting at or from a motor vehicle, as provided
in Section 30-3-8 NMSA 1978;

L. aggravated battery upon a peace officer, as
provided in Section 30-22-25 NMSA 1978;

M. assault with intent to commit a violent felony
upon a peace officer, as provided in Section 30-22-23 NMSA
1978;

N. aggravated assault upon a peace officer, as
provided in Section 30-22-22 NMSA 1978;

O. a felony that was committed while the defendant
brandished or discharged a firearm; or

P. any of the following offenses, if the court
determines that the underlying allegations or resulting harm
are of a dangerous or violent nature:

(1) involuntary manslaughter, as provided in
Section 30-2-3 NMSA 1978;

(2) fourth degree aggravated assault, as
provided in Section 30-3-2 NMSA 1978;

(3) third degree assault with intent to commit
a violent felony, as provided in Section 30-3-3 NMSA 1978;

(4) fourth degree aggravated assault against a
household member, as provided in Section 30-3-13 NMSA 1978;

(5) third degree assault against a household
member with intent to commit a violent felony, as provided in
Section 30-3-14 NMSA 1978;

(6) third and fourth degree aggravated
stalking, as provided in Section 30-3A-3.1 NMSA 1978;

(7) second degree kidnapping, as provided in
Section 30-4-1 NMSA 1978;

(8) second degree abandonment of a child, as
provided in Section 30-6-1 NMSA 1978;

(9) first, second and third degree abuse of a
child, as provided in Section 30-6-1 NMSA 1978;

(10) third degree dangerous use of explosives,
as provided in Section 30-7-5 NMSA 1978;

(11) third and fourth degree criminal sexual
penetration, as provided in Section 30-9-11 NMSA 1978;

(12) fourth degree criminal sexual contact of
a minor, as provided in Section 30-9-13 NMSA 1978;

(13) third degree robbery, as provided in
Section 30-16-2 NMSA 1978;

(14) third degree homicide by vehicle or great
bodily harm by vehicle, as provided in Section 66-8-101 NMSA
1978; or

(15) battery upon a peace officer, as provided
in Section 30-22-24 NMSA 1978."

SECTION 2.
CONTINGENT EFFECTIVE DATE.--The provisions of
this act shall become effective upon certification by the
secretary of state that the constitution of New Mexico has been
amended as proposed by a joint resolution of the second session
of the fifty-seventh legislature, entitled "A JOINT RESOLUTION
PROPOSING TO AMEND ARTICLE 2, SECTION 13 OF THE CONSTITUTION OF
NEW MEXICO TO PROVIDE THAT A COURT OF RECORD MAY DENY BAIL FOR
A PERSON CHARGED WITH A FELONY OFFENSE IF THE PROSECUTING
AUTHORITY PROVES BY CLEAR AND CONVINCING EVIDENCE THAT RELEASE
CONDITIONS WILL NOT REASONABLY PROTECT ANY OTHER PERSON OR THE
COMMUNITY OR THAT THE PERSON IS A FLIGHT RISK; ALLOWING THE
COURT TO PRESUME THAT RELEASE CONDITIONS WILL NOT REASONABLY
PROTECT ANY OTHER PERSON OR THE COMMUNITY IF THE PERSON IS
CHARGED WITH A FELONY OFFENSE DESIGNATED BY LAW AS A DANGEROUS
OR VIOLENT FELONY OFFENSE; PROVIDING THAT A PERSON CHARGED WITH
A DANGEROUS OR VIOLENT FELONY OFFENSE MAY REBUT A COURT'S
PRESUMPTION BY A PREPONDERANCE OF THE EVIDENCE.".

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